Hon’ble Amar Saran, J.—This jail appeal has been filed against a judgment and order dated 10.6.2005 passed by the learned Sessions Judge, Baghpat convicting and sentencing the appellant Phoolan Singh to life imprisonment under Section 302 IPC.

2. The case of the prosecution was that the informant Virendra Pal’s father Baljor, was smoking a “Hukka” in the Gher of the adjoining house of Om Pal and Arvind. At that time appellant-Phoolan Singh, the servant of Arvind and Om Pal, arrived there with a “Balkati” in his hand and assaulted Baljor, who was badly injured. This incident was witnessed by Naresh, Om Prakash and Indrapal. The report of this incident was lodged at 4.15 p.m. on 4.1.2004 at the police station Ramala, district Bagpat under Section 307 IPC by Virendra Pal.

3. The injured Baljore was medically examined at CHC, Baraut at 5.00 p.m. on 4.12004 by PW 6 Dr. Ravindra Kumar, who found the following injuries on his body:

1. Incised wound 5 cm x 1 cm into bone deep over left side forehead 3 cm above outer angle of left eye.

2. Incised wound 4 cm x 5 cm into bone deep over left side skull, 5 cm above middle of left eyebrow.

3. Incised wound 3 cm x 5 cm into bone deep over left side back, 9 cm from left ear.

4. Incised wound 5 cm x 1 cm into bone deep over back of left hand 3 cam below wrist joint.

5. Incised wound 5 cm x 1 cm into bone deep over front of right leg, 9 cm below the right knee joint. “

4. However, during the course of medical examination, Baljor expired. The post-mortem on the corpse of the deceased was conducted by PW 4 Dr. Rakesh Kumar at 3.00 p.m. on 5.1.2004. The time since death was one day. Rigor mortis was present all over the body. The Doctor found the following ante-mortem injuries on the body of the deceased:

1. Incised wound 4 cm x 1 cm x bone deep on the left side of head 9 cm above left pinna.

2. Incised wound 6 cm x 1 cm x bone deep in left side head 8 cm above left pinna.

3. Incised wound 4 cm x 5 cm x bone deep on back of left side head7 cm behind left pinna.

4. Incised wound 3 cm x 0.5 cm x bone deep on back of left side head 9 cm behind left pinna.

5. Incised wound 7 cm x 1 cm on the back of neck, 4 cm behind left pinna.

6. Incised wound 4 cm x 0.5 cm on the left parietal region.

7. Incised wound 2 cm x 0.5 cm x muscle deep in front of sternum 2 cm below medial end of rt. Clavicle

8. Incised wound 5 cm x 1 cm x bone deep in outer part of left forearm 8 cm above wrist.

9. Incised wound 5 cm x 1 cm x bone deep on back of left head.

10. Incised wound 4.0 cm x 1.0 cm x muscle deep in the inner part of right leg, 5 cm below knee.

On internal examination, the doctor noted that all the ribs were fractured, both lungs, pericardium, heart, vessel were lacerated. The death had occurred as a result of ante-mortem injuries.

5. The prosecution has examined eight witnesses in this case. PW 1, Virendra, son of the deceased Baljor and PW 2, Km. Asha, the daughter of Virendra and grand-daughter of the deceased are the two eyewitnesses. PW 3, Brahma Pal is the witness of the recovery of “Balkati” from the appellant. PW 4, Dr. Rakesh Kumar, conducted the post-mortem of the deceased as mentioned above. PW 5, Constable Hari Singh prepared the check report. PW 6, Dr. Ravindra Kumar prepared the injury report of Baljor before he died. PW 7, SO Mehar Singh, took the appellant into custody and was the first investigating officer. PW 8, Devendra Kumar was the second investigating officer, who concluded the investigation.

6. PW 1, Virendra has deposed that on the date of incident at about 5.00 p.m., his father Baljor was smoking “Hukka” in the Gher of Ompal. The appellant Phoolan, who was the servant of Ompal arrived there and gave several blows on the head of the deceased with a “Balkati”. Other persons also arrived at the spot and surrounded the appellant and caught hold of him. Virendra took his father to the police station where he lodged the report after dictating it to Jitendra. Thereafter he took his fath